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Supreme Court of Virginia April Argument Docket

By Jay O'Keeffe on April 1, 2010
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The cruelest month gets off to an entertaining start, as the Supreme Court of Virginia releases its April argument docket. From April 12-16, the Court is set to hear six criminal cases, one VSB disciplinary board case, and 21 civil cases.

Of particular note, the Court will hear a pair of cases about the ownership of church property in Northern Virginia. I gather from the news coverage that the cases involve property held by parishes that left the Episcopal church, and challenge the constitutionality of Virginia’s unique “division statute,” Code Section 57-9(A). The Diocese of Virginia has put the briefs up on its website, but I am lazy I’ve been busy and have not yet had a chance to read them.

How cool are these cases? In one of them, George Somerville–he of standard-of-review fame–Troutman Sanders, and Professor Howard square off against . . . well, roughly everyone else with a law license. Here are the counsel in Protestant Episcopal Church in the Diocese of Virginia v. Truro Church, et al., Record No. 090682:

  • For the appellant, Bradfute W. Davenport, Jr.; George A. Somerville; Mary C. Zinsner; Joshua D. Heslinga; A.E. Dick Howard; Troutman Sanders.
  • For the appellees, Gordon A. Coffee; Gene C. Schaerr; Steffen N. Johnson; Andrew C. Nichols; Scott J. Ward; George O. Peterson; Tania M.L. Saylor; Mary A. McReynolds; James A. Johnson; Paul N. Farquharson; Scott H. Phillips; James E. Carr; E. Andrew Burcher; R. Hunter Manson; Kenneth T. Cuccinelli II, Attorney General; Charles E. James, Jr., Chief Deputy Attorney General; E. Duncan Getchell, Jr., State Solicitor General; Stephen R. McCullough, Senior Appellate Counsel; William E. Thro, Special Counsel; Winston & Strawn; Gammon & Grange; Peterson Saylor; Semmes, Bowen & Semmes; Carr & Carr; Walsh, Collucci, Lubeley, Emerick & Walsh.

And if that’s not enought, amici abound; there’s even a brief co-authored by Ken Starr.

Church and state? One-of-a-kind statutes? Publicly available briefs from a all-start lineup of advocates? It’s all almost too good to be true.

Photo of Jay O'Keeffe Jay O'Keeffe

Jay focuses his practice on appellate litigation and consumer-protection law. He has briefed or argued dozens of cases before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the Court of Appeals of Virginia. He also…

Jay focuses his practice on appellate litigation and consumer-protection law. He has briefed or argued dozens of cases before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the Court of Appeals of Virginia. He also teaches Federal Litigation at UVA law school.

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